and it doesn't have to be given as a shot. it can be givens a nose spray for those who may be a little needle phobic. >> thanks so much for coming in. >> absolutely. >> and thank you for joining me today. i'm carol costello. "legal view" with ashleigh banfield starts now. >> well, it might look real pretty in colorado at the moment. but it is about to get ugly. the snow, ice, freezing rain and extreme cold barrels eastward making trouble from texas all the way to new england. find out what is coming your way and soon. also this hour, 911 equals from the newtown school shooting about to go public. why now? and what will they reveal, if if

anything? how are the families dealing with this painful reminder of their unthinkable tragedy from a year ago? and we are live in florida where there is a desperate effort underway this moment to save an entire pod of stranded pilot whales. hello. welcome to "legal view." our top story this hour, i guess you could say it's a four letter word this time of year. and i don't mean snow. there's plenty of that. but the big four letter word is "cold." the coldest air of the season so far and maybe even the coldest in years. dallas, i'm talking to you. you're going to get a sul tri08 degrees today. but enjoy it fast. tomorrow's high is about 39 degrees. and that's one big drop. you know what? even that is sul tricompared to your neighbors up north. just ask ana cabrera, she got

the assignment in boulder, colorado, right now the temperature is 8. chad myers obviously a little more senior gets the toasty weather assignment. ana, i want to talk to you first. colorado, winter, snow. is this december or something more than just december? >> reporter: yes, it's december. yes, people expect snow. but there is something unique about this particular storm. it's a combination of the amount of snow and the extreme cold temperatures. take a look here in boulder we're already dealing with six inches or so of snow, by my hand's measurement. and we could see more today. this is the most snow we've seen so far this season in colorado. normally there's up to a foots of snow in the metro area. and now we're already doubling that. so it's hitting people like a bit of a shock to the system. on top of it, dealing with extreme cold temperatures. single digits. maybe a few teens in some

places. but that's as hot or warm as it's going to get in the next several days and dipping into negative temperatures at night. in fact one woman was telling me that this could become the longest stretch of cold weather colorado would have seen since 2009. so people are not expecting these types of temperatures even here in colorado. it's making for dangerous conditions to be outside for a long period of time. the homeless shelters are full. and it's making for very slick conditions on the roadways. we're dealing with a thin, icy layer underneath all of this snow causing a lot of traffic accidents and road closures. so a lot to deal with here in colorado and it's pushing across the country. >> boy, is it ever. >> reporter: we certainly have our fingers crossed that it's clears up soon. >> thank you for that. chad myers, look this is not just a colorado story.

>> reporter: that's right. it's moving all the way from texas all the way to ohio. it's really going to be over except the cold for ana. it's being caught in the mountains. this is out in loveland, colorado. so that's just the cold air. when the snow gets caught in the mountains, that's great news because of the skiers get to go play in it. remember, if you're in these areas where it gets down to 4 degrees below zero, that salt on the road really only works down to about 10 or 15. after that it refreezes anyway. here is what the radar looks like for the next couple of days. noon about this time tomorrow. snow in oklahoma city and an ice event south of there. event west of dallas and north west of dallas there will be snow and ice on the roads. raining in memphis and little rock. all the sudden the cold air

slides in. memphis, down to about 34. that's a bad number. as soon as you get down after the sunset you'll get roads. back down into cincinnati, see how the storm slides to the east. for the most part, new york should be just wet. there's no moisture left in the storm so i think it's just a rain event for new york. but watch out for the frozen puddles on saturday. >> thank you for that. and keep an eye on it for us if you will. happening right now off the florida everglades national park, about 30 pilot whales are trapped in shallow water. the pictures are really remarkable. you can see the stretch of beach where some of them are absolutely beached. there's an -- there's an urgent attempt to try to rescue the whales still in the water. look at that. a parks spokeswoman says that four of them are dead. all of these others though potentially could be saved. cnn's john zarrella is driving to the scene right now.

he joins us by telephone. i'm always curious as to how this happens. what else can you tell me about this predicament that we're watching live? >> reporter: that's exactly right. in fact, biologists to this day don't know exactly what the cause is of these mass strandings. it could be viral or environm t environmental. there's no real answer. whether it's whales or dolphins. but right now as you mentioned, an effort going on trying to save the whales that are in the water. it is very, very shallow water over there. it's on the west coast of florida in the everglades national park and it's really flat. that water at low tide can be a foot deep if not less than that. and that's the kind of water that those whales have gotten stranded in. even high tide, it may not be more than three, four, five feet. what these park biologists are doing, fish and wildlife, federal officials, they've asked for volunteers as well, to get

down there and get in the water and try and keep these whales afloat as best they can until they can get them into deeper water until the tide comes in. and hopefully they can get the whales to then migrate back out to sea. but as we know, ashleigh, that's not always the case. sometimes they go out and turn around and come right back. >> it's heartbreaking to see this. i hope they're successful in the rescue attempts. there's such a new interest in this since cnn aired is that "blackfish." and it's hard to tell how big they are from the sky. but they're huge. let us know if anything develops this hour, john. thank you for that live report. we're also watching live as the president prepares to speak out on the economy. that's set to happen minutes from now. the white house says he's going to focus on the growing income gap between the rich and poor.

the white house also says he's going to renew his push in the minimum wage. a truck carrying radioactive cobalt 60 has been stolen in mexico. the international atomic agency says that cobalt 60 could be used to make a dirty bomb. they say there are sensor devices and at sea ports to prevent this and other material from entering this country. nigella lawson dropsds what you can call a bombshell in court today. in testifying, she admitted that she used cocaine twice. once, she said, with her late husband john diamond when he learned his cancer was terminal. and one other time years later

when she felt threatened by her next husband who is now who are ex-husband, charles saatchi. as we mentioned earlier, just a few hours from now, the emergency calls from the sandy hook school massacre are set to be made public. a lot of survivors and family members asked authorities not to release those 911 calls. coming up, we're going to examine the media's role and the legal view in all of this. quest. if every u.s. home replaced one light bulb with a compact fluorescent bulb, the energy saved could light how many homes? 1 million? 2 million? 3 million? the answer is... 3 million homes. by 2030, investments in energy efficiency could help americans save $300 billion each year. take the energy quiz. energy lives here. see, i knew testosterone could affect sex drive,

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to relieve your runny nose. oh, what a relief it is! [ man ] shhhh! for fast cold and flu relief, day or night, try alka-seltzer plus day and night liquid gels. when adam lanza shot his way into sandy hook elementary almost a year ago, in less than five minutes 26 people were dead. and 20 of them were children betweens ages of 6 and 7. almost immediately the 911 calls began pouring in. and the calls have remained private. in a hard-fought, year-long battle by the families of the state of connecticut to stop their release. the judge in the case, however, disagreed and the calls will be made public today. keeping those calls under wraps, the judge said, quote, only

serves to fuel speculation about and undermine confidence in our law enforcement officials. joining me now to talk about this, cnn's media correspondent brian tell december and danny cevallos. let me start with you, danny, this involves us, full disclosure. and we have to make a big decision ourselves. it was a huge topic of conversation this morning. what is the plan here at this network? >> well, cnn is taking a wait and listen approach. the comment from the network is that cnn will review the tapes and make a determination about what, if anything, will be used on air and online. that means it might not broadcast any of it or some portions of it or lots of it. we don't know what we'll hear. there will be a wait and listen approach.

and nbc's president said, she would like to respect the families wishes for them not to be heard unless there's an editorable reason to hear them. >> there are reasons, danny, the judge made the comments that he made. break down for me why a judge might come to this decision. >> we start with the basic rule. 911 records are public records and subject to disclosure under the frieedom of information act. newtown argued that there's exceptions to this act and that's true. child abuse is one of them. here is the thing. people don't realize that child abuse is not defined simply as any child who is injured. it has a specific statstory definition and it typically involves even at federal law a person entrusted and responsible for the chair of that child. and you can't argue that lanza

was a person under the law who was entrusted for the care of any of these children. >> it's hard no matter what. as you hear the technical decision making and then you remember that there are hundreds of people directly affected by the murders of these 26 people. brian, i want to bring it back to you for a minute. just because you can, should you? shuds you be airing this knowing what it's causing? knowing full well what that community is feeling like? and by the way, i want to let our viewers know the two of us are from cnn and we have decided not to have any live presence in newtown on the anniversary out of respect. >> reporters almost always err on the side of transparency. and when i talked to the stayings today, they all said we always err on that side of the transparency. but that does not mean that to

broadcast it or share it on their websites. that's why every news organization is saying we're going to listen to this first and not rush on the air and broadcast anything before we know what the contents are. >> and quickly, danny, to you, when the judge talked about precedent and also, you know, full disclosure, transparency, we need to know how our first responders are acting, no one had any complaints about how the police responded. they were there within seconds. no one has complained about the 911 operators either. did that not enter into the legal argument? >> the judge focused on the definition of child abuse. that's the main reason that they were resisting of disclosing the records based on their definition of child abuse.

however, the judge concluded that they defined child abuse' expansively. it is statutorily defined and that did not kpemplts these records from disclosure. >> maybe that's hour argument here at cnn and other media outlets. >> at the end the day, these are news worthy tapes. >> you and i will talk tomorrow about that. i don't believe they are. i'm open-minded. and if there is something on the tapes that does make an argument for the transparency of first responders and how things happened, i will change my opinion. right now, i'm with newtown. just going to put that out there. a campaign slogan from years ago could be coming back. are you better off now than you were years ago? president obama is about to speak about the growing income inequality in this country and probably a little bit about obama care too. live in just a moment. honestly, i wanted a phone with a better camera.

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so this is a shot in the arm that president obama needs. right as he gets ready to take that podium and deliver a live address, turns out we've added 215,000 jobs to the roll. and that's the most in a year. it was driven by gains in manufacturing and construction and also the financial sector. so the white house has it all planned out for him to take the podium and talk about the economy, specifically the

growing income gap between the rich and poor. poll, after poll showing what troubled the americans the most is the state of the economy. it's not necessarily how the rollout is going to go, but how it's been going. so he's been getting pretty low marks on how he's been dealing with the economy. and today much of what's going to be said in the remarks hosted by the senate for the american progress. and there's the whole legacy thing. getting the agenda set for the rest of his term. we'll continue to watch that live picture and bring it to you as soon as he comes out to the podium. in the meantime, federal investigators say the rail workers union talked out of turn about what may have happened before the consumer train wreck early sunday morning in new york. they're objecting to a union representative's comments that

the engineer of the train, william rockefeller, nodded off at the controlled. what's exactly the problem? if that was the report that came directly from officials, what seems to be the issue with it? >> reporter: well, the ntsb says whatever partners they had in this union that there's a confidentiality agreement that they don't explain what's going on behind the scenes with the investigation. of course, one of the key things in the investigation, the interview with the train engineer william rockefeller. and his union has come out courts to the ntsb, and if you will divulge what's been said and put their own interpretation on what's been said. and that breaks the confidentiality. and the ntsb reacting very, very quickly within hours of that spokesman talking us and other journalists last night saying that no longer can that union be part of this investigation.

it's a clear signal from the ntsb that they want to keep control of what's being said and the information coming out. >> well, the interesting thing is, if you would expect, if anything, the union to couch any kinds of remarks and to be on the side of its membership. in the meantime, what do we know about mr. rockefeller? is he still talking and cooperating with both the feds and local police? >> reporter: absolutely. that's what his union rep and lawyer says and that's what the ntsb say. they spoke to him about three hours yesterday. talked to him the day before as well. what seems to be happening here, perhaps this explains to some degree, why his union representatives would want to come out and put in the public domain how mr. rockefeller is feeling and the explanation that he has for what happened is he's very remorseful and been in

tears and that he realized what happened and as acknowledged that it was him at the wheel nodding off for those moments, highway hypnosis, it's been called. lack of concentration. his lawyer even struggling to find the precise words. but it's for that reason the union has become involved in it. and really, i think this is -- this is the thrust now. not just for the investigation, but for the public's knowledge as well about what happened. and clearly this engineer very remorseful about what has happened here, ashleigh. >> and the public's knowledge. every morning i'm waking up to the massive headlines. eyes wide shut. i'm waiting on the ntsb. nic robertson, thank you for that. do appreciate it. so the campaign slogan, are you better off now than you were a few years ago? that's the question many of us are living with every day. whether we say it out loud for just think it in the backs of

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so i just want to take you back live to washington, d.c. we've been waiting on the president. he's a little later than expected. tlgs someone at least at the podium ready to introduce him. he's at a place called the town hall educational arts and recreational campus. it's a place in southeast d.c. it's in one one of the poorer neighbors. he's expected to give live remarks. not so much to focus on obama care, but more so the economy and where his agenda is headed. there's a lot of stuff that hasn't made a lot of headlines lately, specifically a farm bill and also minimum wage. there's a lot of things that he's going to highlight. people do expect he's going to discuss obama care as well. as he gets a hug, thanks for the wonderful introduction. let's listen in as he gives his prepared remarks.

>> thank you. thank you so much. thank you. thank you, everybody. please, please, have a seat. thank you so much. well, thank you for the wonderful introduction and sharing a story that resonated with me. there were a lot of parallels in my life and probably resonated with some of you. over the past ten years, the center for american progress has done incredible work to shape the debate over expanding opportunity for all americans. and i could not be more grateful to cap for not only giving me good policy ideas but also giving me a lot of staff. my friend ran my transition. my chief of staff, dennis mcdonough, did an extended cap. you guys are obviously doing a good job training folks. i also want to thank all the

members of congress and my administration here today for the wonderful work that at the do. i want to thank mayor grey and everybody here at the a.r.c. for having me. and this center, i've been to quite a bit and had a chance to see some of the great work that it done here. and all the nonprofit that call this place home access everything from education to health care to a safe shelter from the streets. which means that you're harnessing the power of community to expand opportunity for folks here in d.c. and your work reflects a tradition that runs through our history, the belief that we're greater together than we are on our own. and that's what i've come here to talk about today. now, over the last two months, washington's been dominated by pretty contentious debates. i think that's fair to say. and between a reckless shutdown

by congressional republicans in an effort to repeal the affordable care act and on my part, nobody has eacquitted themselves very well the last few months. it's not surprising that the american's people frustrations with washington are at an all-time high. we know that people's frustrations run deeper than the most recent political battles. their frustration is rooted in their own daily battles to make ends meet, to pay for college, buy a home, save for retirement. it's rooted in the nagging sent that no matter how hard they work, the deck is stacked against them. and it's rooted in the fear that their kids won't be better off than they were. they may not follow the constant back and forth in washington or

all the policy details, but they expece i a very personal way the relentless decades-long trend that i want to spend time talking about today. and that is a dangerous and growing inequality in lack of upward mobility that has jeopardized middle class american's basic bargain. that if you work hard, you have a chance to get ahead. i believe this is the defining challenge of our time. making sure our economy works for every working american. that's why i ran for president. it was the center of last year's campaign. it drives everything i do in this office. and i know i've raised this issue before. and some will ask why i raise the issue again right now. i do it because the outcomes of the debates we're having right

now, whether it's health care or the budget or reforming our housing and financial systems, all of these things will have real practical implications for every american. and i am convinced that the decisions we make on these issues over the next few years will determine whether or not our children will grow up in an america where opportunity is real. now, the premise that we're all created equal is the opening line in the american story. and while we don't promise equal outcomes, we've striefd to deliver equal opportunity. the idea that success doesn't depend on being born into wealth or privilege, it depends on effort and merit. and with every chapter we've added to that story, we've worked hard to put those words into practice.

it was abraham lincoln, a self-described poor man's son who started things so any poor man's son could go learn something new. when farms gave way to factories, teddy roosevelt fought for an eight hour workday and busted mow nop liz that kept wages high and prices low. when millions lived in poverty, fdr fought for social security and insurance for the unemployment and minimum wage. when millions died without health insurance, lbj fought for medicare and medicaid. together, we forged a new deal, declared a war on poverty in a great society. we built a ladder of opportunity to climb and stretched out a safety net beneath it so that if we fell, it wouldn't be too far and we could bounce back.

as a result, america built the largest middle class the world has ever known. and for the three decades after world war ii, it was the engine of our prosperity. we can't look at the past through rose-colored glasses. the economy didn't always work for everyone. racial discrimination locked millions out of the of poverty -- or out of opportunity. women railroad too often confined to a handful of poorly paid professions. and it was only try pain staking struggles that they began to win the right to -- >> and as the president continues his address live in washington, d.c., we'll watch those remarks. we'll have a full wrap-up of all of the key points being made today. and wolf blitser always has a full wrap up on his program as

well. in the meantime, what a story. his wife as blujenned to death in the home right in front of his three-year-old son. and he was made the only suspect in the case. he was convicted and sentenced to a life in prison. here is the worst part. he did not do it. dna evidence exonerated him. and he and his attorney is going to join me live to talk about this, coming up next. so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app.

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falsely accused of his wife's murder back in 1986, ripped from his precious 3-year-old son. convicted, sentenced and basically thrown in jail for the rest of his life in a texas prison. but after a 25-year battle, that is over. michael morton has been exonerated. dna evidence pointed to the real murderer, his incredible story is being told in the cnn film, "an unreal dream" and it airs tomorrow on cnn. he talks in vivid detail about the harsh reality of a life behind bars. >> when i first got to the texas penitentiary, the first thing they do is strip you naked and search you. you're given a pair of state boxers. i realized that the full gravity of the place. because as i was standing in line to get my boots, i noticed the guy in front of me.

i counted 13 stab wounds in his back. he had scars. it really drove home for me how very serious the place was. that they weren't playing. no time to joke around. there was nothing funny about this. and everybody was deadly serious. and you better get your heart right. >> i am so pleased and honored right now to be joined life by michael morton on the right-hand side and john riley who worked pro bono, very hard on this case, vowing that he would never quit trying to get him out of prison as long as he lived. good thing you did, sir, because he's here now to talk to us about this. the first thing i want to ask you about, the last comment i just heard in that piece was "deadly serious." and in this country, there is a death penalty and you very well

could have spent the better part of that 25 years on death row, and you did not but for the grace of god. >> absolutely. in fact, that was one the first things i commented on was i thanked god that mine wasn't a capital case. because had it been, i possibly would have been executed because of the length of time it took to turn all of this around. >> 25 years. and the average execution is now within about 20 years. >> it's been sped up a bit in texas. >> and a couple of other states as well. john, it will profound people watching this right now what kind of evidence existed in this case that never saw the light of day because of the behavior of a prosecutor. what was the evidence that finally was unearthed that freed him? >> well, the evidence that freed him was the dna testing on the bloody bandanna which we fought for seven years to obtain against the prosecutors tooth and nail in many courts.

but while that was going on, we uncovered other evidence known at the time, a transcript of michael's son seeing the monster come into the house when daddy wasn't home and hitting mommy and putting a blue suitcase on mommy after she started crying. which is the way they found her. and strange sitings of a blue van in the neighborhood. he was walking around the morton house and casing the house. that information was known by the prosecutor karchl and not shared with the court or the defense lawyers, despite a court order to do so. >> and discovery is discovery, no matter what. that's the kind of thing that must be produced. especially in a trial that could put someone away for life. here is what i don't understand. the prosecutor in the case, ken anderson, became a judge. has had a nice career for 25 years. you said the prosecutor camp. were there others in concert working with this prosecutor to

keep this material secret? >> we known that it was known by the sheriff at the time and the sheriff's chief investigator and the prosecutor and the prosecutor's team. so everybody that was working on it. but in one telling point pretrial, the judge looked the prosecutor in the eye -- and there's a transcript of this -- and said do you have any information in your file that could be useful to the defense? and the answer is no, sir. >> no. that's bad. >> and that's contempt of court. >> and he's been dealt with. he's pleaded not much of a punningment. he lost his law license and spent five days in the slammer. five days. 15 years, mr. morton to you. so there's so much about this story that i cannot begin to cover on this program. but your son ierk was three when this happened. no only are you dealing with a loss of your wife. you are now looking at the possibility of seeing your son eric as a baby twice a year in confine. and ultimately he stopped come, it was embarrassing, he said, to see my dad in jail.

you've rekindled that. but you must be so angry and you must want blood or revenge of some kind. do you? >> now? no. i'll admit that there were years when i plotted against a lot of people. i was going to do it in different ways ant different times with plausibleal buys and all sorts of things like that. >> you mean criminal? >> homicidal, yes. >> you're sitting in the can. free man. >> there's a lot of anchor inside. and i felt like i was justified at the time. but today and now i understand that that sort of anchor and revenge and hate isn't going to help you any, but the one thing that will work that people should and often do latch onto is transparency and accountability. >> you know, we are a very prosecutorial society in this

country. there are very few people who look at a courtroom picture and say, i'll bet that guy is innocent. and i guess there's no one who can explain what that feels like more than you, to be a guy who is sitting in a place where quite frankly the majority of those defendants are guilty. what's it like to be the only man in the room to know the truth? other than the guy who is cheating at the other table? >> well, it was doubly strange. because several years before this i actually sat on a felony jury and i sent somebody to prison and he was clearly guilty. but this was surreal. on more levels than i can count. >> are you sure about your verdict now? >> of the -- >> when you -- >> of the jury? yes. >> i did not know you sat on a jury. >> there are a lot of little things. in a documentary or in interviews, there's a lot you can't -- you just don't have the time to bring up.

>> are you angry are the jurors who sent you away? >> no. not at all. they were cheated as much as anybody else because they didn't >> i actually wanted to meet with him at the end of his jail sentence and see if he would at least let me come in and visit him. he didn't do five days. he did closer to 33 1/2 or 4. >> on a ten-day sentence. >> when i tried to get in touch with him, he was already gone. >> look, he has acknowledged the wrongdoing of the system. he has not acknowledged his own wrongdoing here. john, is there a civil case that you could mount? do you want to mount a civil case? the bar is so high on prosecutorial misconduct. in this case, could you win. >> you know there's prosecutorial immunity. >> not for when they do really naughty things. >> there's that argument that the activity was criminal. >> that's pretty naughty. >> right, right. you mentioned that the jail time. i want to emphasize that this is

truly historic. we're not aware of very many, if any, examples where a prosecutor served jail time for concealing evidence. we think that will send a message. the other thing about this case that we all need to grasp is that this could happen to you, ashleigh, this could happen to me. it could happen to anyone in your viewing audience. michael is a normal guy. >> one of the things i read about you is that you know, it's hard for people to understand sometimes that people are innocent and maybe the police don't always have your back. the system doesn't always have your back if you just tell the truth. this is why you have the right to remain silent. it doesn't show evidence of guilt if you take the right to remain silent and retain counsel right away because there are people like you who people assume right away with guilty. you lost 25 years. i can only apologize from whomever's watching right now, thank god you're here, first of

all. thank god you're here. >> thank you very much. >> thank god it wasn't a death penalty case. good luck with your life and your son, as well. michael morton and john raley joining me. you have to catch this story tonight "the unreal dream," tomorrow night, beg your pardon, thursday 9:00 p.m. eastern. set your tivo, folks. ♪

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the national football league is slapping pittsburgh steeler coach mike tomlin with $100,000 fine. all of this after tomlin apparently stepped on the field during the steelers-ravens game played on thanksgiving night. got a lot of headlines. coach stepped towards the field as ravens players running a kick return back. in a statement, he said he takes full responsibility for his actions and does accept the penalty, as well. we touched on this earlier and happening right now off the florida everglades national

park, the image on your screen a rescue effort. about 30 pilot whales are trapped in very shallow water. live pictures from wsvn our affiliate down there shows there's an urgent attempt to get this massive pod to safety some way. look at them on the screen. it's tragic when you think they're in a couple feet of water. a spokeswoman says four of the whales that might have been in the pod are closer to the beach and high and dry and have not survived. they are working hard to try to somehow corral those whales into deeper water and save their lives. we're hoping they're successful in that an effort. thanks for watching, everyone. "around the world" starts right after this quick break. [ lane ] are you growing old

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dangerous radio active substance is stolen in mexico. now the u.s. and the international atomic energy agency are concerned about dirty bombs. >> internationally famous chef nigella lawson makes an unexpected and rather startling confession in court. >> and pope tells a crowd that he had lots of odd jobs in miss life, including working as a club bouncer. >> welcome to around the world. i'm fret rick ca whitfield.